1. Patents and Standards: the Role for the WIPO SCP
What is Patented?
Patent Subject Matter
Inventive Step
(are standards too low a GATT violation?)
Transparency of Patents, Disclosure of relevant claims
National or global approaches?
Disclosure extended beyond standards organizations
Remedies to Abuses of Patent Rights
Government Procurement
James Love, KEI
WIPO SCP, 23 March 2009

2. What is Patented? Patent Subject Matter
Is software particularly problematic?
Inherently complex inventions, that rely upon follow-on innovation and interoperability
Informal literature regarding innovative ideas
Patents not required to stimulate innovation
Special issues regarding free software
Patents on data formats create special issues
Inventive Step
(are standards too low a GATT violation?)

3. Transparency
Should transparency of relevant patent claims be managed by a patchwork of national systems? Or by a global framework?
Should requirements for disclosure extend beyond the members of standard making organizations, to so called patent trolls?
Should WIPO test a global system for managing the constructive disclosure of patent claims on important standards?

4. Remedies for Abuses of Patent Rights
In certain sectors, should we be moving away from strong exclusive rights, to liablity rules for relevant patents on key standards?
How does TRIPS framework address refusals to license on reasonable terms and conditions?
Article 31.k of TRIPS
Article 44.2 of TRIPS
Will Bilateral, Regional of Plurilateral Agreements undermine TRIPS flexaiblities
FTAs, EPAs, ACTA, etc

5. Role of Government Procurement
IGF DCOS proposals for government agreement on procurement and open standards

6. For More Information James Love james.love@keionline.og
Knowledge Ecology International